Categories: Michigan Supreme Court Opinions

SQUIER v. THE CITY OF BIG RAPIDS, 465 Mich. 901 (2001)

636 N.W.2d 523

KIMBERLY SQUIER, Individually, and as Personal Representative of the Estate of ALEXANDER SQUIER, and as Next Friend of BRANDY SQUIER, JOSHUA SQUIER and BRICE WERNETTE, Plaintiff-Appellant, v. THE CITY OF BIG RAPIDS, TIMOTHY J. VOGEL and LARRY STAFFEN, Defendants-Appellees, and LAWRENCE MORNINGSTAR, SAWMILL CANOE LIVERY, INC., and DONALD L. TRITES, Defendants.

No. 115292.Supreme Court of Michigan.
November 2, 2001.

COA: 215787 215865, Mecosta CC: 96-011481-CK.

By order of December 12, 2000, the application for leave to appeal from the July 28, 1999 and July 30, 1999 decisions of the Court of Appeals was held in abeyance pending the decision in Beaudrie v Henderson (Docket No. 114261). On order of the Court, the decision having been issued on July 27, 2001, 465 Mich. 124 (2001), the application is again considered.

Leave to appeal from the July 28, 1999 decision of the Court of Appeals is DENIED, because we are not persuaded that the question presented should now be reviewed by this Court.

Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal from the July 30, 1999 decision of the Court of Appeals, we REVERSE that decision and REINSTATE the decision of the Mecosta Circuit Court denying defendant Staffen’s motion for summary disposition. Police officers are the only governmental employees who may raise the public duty doctrine as a defense against a tort claim. Beaudrie v Henderson, supra.

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